Grocery Chain Beats Antitrust Suit Over Produce Restrictions

Law360, New York (January 17, 2013, 7:43 PM ET) -- A Texas federal judge on Thursday tossed a bankrupt produce distributor's lawsuit alleging supermarket chain HEB Grocery Co. LP violated antitrust law by imposing exclusivity restrictions on produce it could sell, saying the claims had been brought too late.

Delta Produce LP argued an exclusivity agreement prohibiting it from selling produce to HEB's competitors violated the Sherman and Clayton Acts and Texas law, but U.S. District Judge Harry Lee Hudspeth dismissed the suit's claims in their entirety, saying Delta's ill timing plus lack of standing on...
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Case Information

Case Title

Delta Produce, L.P. v. H.E. Butt Grocery Company et al

Case Number

5:12-cv-00353

Court

Texas Western

Nature of Suit

Anti-Trust

Judge

Harry Lee Hudspeth

Date Filed

April 17, 2012

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